The Culture of Equity in Early Modern England

The Culture of Equity in Early Modern England PDF

Author: Mark Fortier

Publisher: Routledge

Published: 2016-03-16

Total Pages: 240

ISBN-13: 1317036662

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Elizabeth and James, Sidney, Spenser, and Shakespeare, Bacon and Ellesmere, Perkins and Laud, Milton and Hobbes-this begins a list of early modern luminaries who write on 'equity'. In this study Mark Fortier addresses the concept of equity from early in the sixteenth century until 1660, drawing on the work of lawyers, jurists, politicians, kings and parliamentarians, theologians and divines, poets, dramatists, colonists and imperialists, radicals, royalists, and those who argue on gender issues. He examines how writers in all these groups make use of the word equity and its attendant notions. Equity, he argues, is a powerful concept in the period; he analyses how notions of equity play a prominent part in discourses that have or seek to have influence on major social conflicts and issues in early modern England. Fortier here maps the actual and extensive presence of equity in the intellectual life of early modern England. In so doing, he reveals how equity itself acts as an umbrella term for a wide array of ideas, which defeats any attempt to limit narrowly the meaning of the term. He argues instead that there is in early modern England a distinct and striking culture of equity characterized and strengthened by the diversity of its genealogy and its applications. This culture manifests itself, inter alia, in the following major ways: as a basic component, grounded in the old and new testaments, of a model for Christian society; as the justification for a justice system over and above the common law; as an imperative for royal prerogative; as a free ranging subject for poetry and drama; as a nascent grounding for broadly cast social justice; as a rallying cry for revolution and individual rights and freedoms. Working from an empirical account of the many meanings of equity over time, the author moves from a historical understanding of equity to a theorization of equity in its multiplicity. A profoundly literary study, this book also touches on matters of legal an

The Culture of Equity in Early Modern England

The Culture of Equity in Early Modern England PDF

Author: Mark Fortier

Publisher: Routledge

Published: 2016-03-16

Total Pages: 232

ISBN-13: 1317036670

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Elizabeth and James, Sidney, Spenser, and Shakespeare, Bacon and Ellesmere, Perkins and Laud, Milton and Hobbes-this begins a list of early modern luminaries who write on 'equity'. In this study Mark Fortier addresses the concept of equity from early in the sixteenth century until 1660, drawing on the work of lawyers, jurists, politicians, kings and parliamentarians, theologians and divines, poets, dramatists, colonists and imperialists, radicals, royalists, and those who argue on gender issues. He examines how writers in all these groups make use of the word equity and its attendant notions. Equity, he argues, is a powerful concept in the period; he analyses how notions of equity play a prominent part in discourses that have or seek to have influence on major social conflicts and issues in early modern England. Fortier here maps the actual and extensive presence of equity in the intellectual life of early modern England. In so doing, he reveals how equity itself acts as an umbrella term for a wide array of ideas, which defeats any attempt to limit narrowly the meaning of the term. He argues instead that there is in early modern England a distinct and striking culture of equity characterized and strengthened by the diversity of its genealogy and its applications. This culture manifests itself, inter alia, in the following major ways: as a basic component, grounded in the old and new testaments, of a model for Christian society; as the justification for a justice system over and above the common law; as an imperative for royal prerogative; as a free ranging subject for poetry and drama; as a nascent grounding for broadly cast social justice; as a rallying cry for revolution and individual rights and freedoms. Working from an empirical account of the many meanings of equity over time, the author moves from a historical understanding of equity to a theorization of equity in its multiplicity. A profoundly literary study, this book also touches on matters of legal an

Women, Murder, and Equity in Early Modern England

Women, Murder, and Equity in Early Modern England PDF

Author: Randall Martin

Publisher: Routledge

Published: 2007-12-12

Total Pages: 354

ISBN-13: 1135899444

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This book presents the first comprehensive study of over 120 printed news reports of murders and infanticides committed by early modern women. It offers an interdisciplinary analysis of female homicide in post-Reformation news formats ranging from ballads to newspapers. Individual cases are illuminated in relation to changing legal, religious, and political contexts, as well as the dynamic growth of commercial crime-news and readership.

The Culture of Equity in Restoration and Eighteenth-Century Britain and America

The Culture of Equity in Restoration and Eighteenth-Century Britain and America PDF

Author: Mark Fortier

Publisher: Routledge

Published: 2016-03-16

Total Pages: 162

ISBN-13: 1317036646

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Drawing on politics, religion, law, literature, and philosophy, this interdisciplinary study is a sequel to Mark Fortier’s bookThe Culture of Equity in Early Modern England (Ashgate, 2006). The earlier volume traced the meanings and usage of equity in broad cultural terms (including but not limited to law) to position equity as a keyword of valuation, persuasion, and understanding; the present volume carries that work through the Restoration and eighteenth century in Britain and America. Fortier argues that equity continued to be a keyword, used and contested in many of the major social and political events of the period. Further, he argues that equity needs to be seen in this period largely outside the Aristotelian parameters that have generally been assumed in scholarship on equity.

Conscience, Equity and the Court of Chancery in Early Modern England

Conscience, Equity and the Court of Chancery in Early Modern England PDF

Author: Dennis R. Klinck

Publisher: Routledge

Published: 2016-05-23

Total Pages: 328

ISBN-13: 1317161955

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Judicial equity developed in England during the medieval period, providing an alternative access to justice for cases that the rigid structures of the common law could not accommodate. Where the common law was constrained by precedent and strict procedural and substantive rules, equity relied on principles of natural justice - or 'conscience' - to decide cases and right wrongs. Overseen by the Lord Chancellor, equity became one of the twin pillars of the English legal system with the Court of Chancery playing an ever greater role in the legal life of the nation. Yet, whilst the Chancery was commonly - and still sometimes is - referred to as a 'court of conscience', there is remarkably little consensus about what this actually means, or indeed whose conscience is under discussion. This study tackles the difficult subject of the place of conscience in the development of English equity during a crucial period of legal history. Addressing the notion of conscience as a juristic principle in the Court of Chancery during the sixteenth and seventeenth centuries, the book explores how the concept was understood and how it figured in legal judgment. Drawing upon both legal and broader cultural materials, it explains how that understanding differed from modern notions and how it might have been more consistent with criteria we commonly associate with objective legal judgement than the modern, more 'subjective', concept of conscience. The study culminates with an examination of the chancellorship of Lord Nottingham (1673-82), who, because of his efforts to transform equity from a jurisdiction associated with discretion into one based on rules, is conventionally regarded as the father of modern, 'systematic' equity. From a broader perspective, this study can be seen as a contribution to the enduring discussion of the relationship between 'formal' accounts of law, which see it as systems of rules, and less formal accounts, which try to make room for intuitive moral or prudential reasoning.

Skepticism and Belief in Early Modern England

Skepticism and Belief in Early Modern England PDF

Author: Melissa M. Caldwell

Publisher: Routledge

Published: 2016-09-13

Total Pages: 250

ISBN-13: 1317054547

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The central thesis of this book is that skepticism was instrumental to the defense of orthodox religion and the development of the identity of the Church of England. Examining the presence of skepticism in non-fiction prose literature at four transitional moments in English Protestant history during which orthodoxy was challenged and revised, Melissa Caldwell argues that a skeptical mode of thinking is embedded in the literary and rhetorical choices made by English writers who straddle the project of reform and the maintenance of orthodoxy after the Reformation in England. Far from being a radical belief simply indicative of an emerging secularism, she demonstrates the varied and complex appropriations of skeptical thought in early modern England. By examining a selection of various kinds of literature-including religious polemic, dialogue, pamphlets, sermons, and treatises-produced at key moments in early modern England’s religious history, Caldwell shows how the writers under consideration capitalized on the unscripted moral space that emerged in the wake of the Reformation. The result was a new kind of discourse--and a new form of orthodoxy--that sought both to exploit and to contain the skepticism unearthed by the Reformation.

Conscience, Equity and the Court of Chancery in Early Modern England

Conscience, Equity and the Court of Chancery in Early Modern England PDF

Author: Dennis R. Klinck

Publisher: Routledge

Published: 2016-05-23

Total Pages: 380

ISBN-13: 1317161947

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Judicial equity developed in England during the medieval period, providing an alternative access to justice for cases that the rigid structures of the common law could not accommodate. Where the common law was constrained by precedent and strict procedural and substantive rules, equity relied on principles of natural justice - or 'conscience' - to decide cases and right wrongs. Overseen by the Lord Chancellor, equity became one of the twin pillars of the English legal system with the Court of Chancery playing an ever greater role in the legal life of the nation. Yet, whilst the Chancery was commonly - and still sometimes is - referred to as a 'court of conscience', there is remarkably little consensus about what this actually means, or indeed whose conscience is under discussion. This study tackles the difficult subject of the place of conscience in the development of English equity during a crucial period of legal history. Addressing the notion of conscience as a juristic principle in the Court of Chancery during the sixteenth and seventeenth centuries, the book explores how the concept was understood and how it figured in legal judgment. Drawing upon both legal and broader cultural materials, it explains how that understanding differed from modern notions and how it might have been more consistent with criteria we commonly associate with objective legal judgement than the modern, more 'subjective', concept of conscience. The study culminates with an examination of the chancellorship of Lord Nottingham (1673-82), who, because of his efforts to transform equity from a jurisdiction associated with discretion into one based on rules, is conventionally regarded as the father of modern, 'systematic' equity. From a broader perspective, this study can be seen as a contribution to the enduring discussion of the relationship between 'formal' accounts of law, which see it as systems of rules, and less formal accounts, which try to make room for intuitive moral or prudential reasoning.

Representing the Plague in Early Modern England

Representing the Plague in Early Modern England PDF

Author: Rebecca Totaro

Publisher: Routledge

Published: 2010-09-13

Total Pages: 269

ISBN-13: 1136963243

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This collection offers readers a timely encounter with the historical experience of people adapting to a pandemic emergency and the corresponding narrative representation of that crisis, as early modern writers transformed the plague into literature. The essays examine the impact of the plague on health, politics, and religion as well as on the plays, prose fiction, and plague bills that stand as witnesses to the experience of a society devastated by contagious disease. Readers will find physicians and moralists wrestling with the mysteries of the disease; erotic escapades staged in plague-time plays; the poignant prose works of William Bullein and Thomas Dekker; the bodies of monarchs who sought to protect themselves from plague; the chameleon-like nature of the plague as literal disease and as metaphor; and future strains of plague, literary and otherwise, which we may face in the globally-minded, technology-dependent, and ecologically-awakened twenty-first century. The bubonic plague compelled change in all aspects of lived experience in Early Modern England, but at the same time, it opened space for writers to explore new ideas and new literary forms—not all of them somber or horrifying and some of them downright hilarious. By representing the plague for their audiences, these writers made an epidemic calamity intelligible: for them, the dreaded disease could signify despair but also hope, bewilderment but also a divine plan, quarantine but also liberty, death but also new life.

The Politics of Grace in Early Modern Literature

The Politics of Grace in Early Modern Literature PDF

Author: Deni Kasa

Publisher: Stanford University Press

Published: 2024-03-12

Total Pages: 295

ISBN-13: 1503638316

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This book tells the story of how early modern poets used the theological concept of grace to reimagine their political communities. The Protestant belief that salvation was due to sola gratia, or grace alone, was originally meant to inspire religious reform. But, as Deni Kasa shows, poets of the period used grace to interrogate the most important political problems of their time, from empire and gender to civil war and poetic authority. Kasa examines how four writers—John Milton, Edmund Spenser, Aemilia Lanyer, and Abraham Cowley—used the promise of grace to develop idealized imagined communities, and not always egalitarian ones. Kasa analyzes the uses of grace to make new space for individual and collective agency in the period, but also to validate domination and inequality, with poets and the educated elite inserted as mediators between the gift of grace and the rest of the people. Offering a literary history of politics in a pre-secular age, Kasa shows that early modern poets mapped salvation onto the most important conflicts of their time in ways missed by literary critics and historians of political thought. Grace, Kasa demonstrates, was an important means of expression and a way to imagine impossible political ideals.

Playbooks and their Readers in Early Modern England

Playbooks and their Readers in Early Modern England PDF

Author: Hannah August

Publisher: Taylor & Francis

Published: 2022-04-24

Total Pages: 326

ISBN-13: 1000563111

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This book is the first comprehensive examination of commercial drama as a reading genre in early modern England. Taking as its focus pre-Restoration printed drama’s most common format, the single-play quarto playbook, it interrogates what the form and content of these playbooks can tell us about who their earliest readers were, why they might have wanted to read contemporary commercial drama, and how they responded to the printed versions of plays that had initially been performed in the playhouses of early modern London. Focusing on professional plays printed in quarto between 1584 and 1660, the book juxtaposes the implications of material and paratextual evidence with analysis of historical traces of playreading in extant playbooks and manuscript commonplace books. In doing so, it presents more detailed and nuanced conclusions than have previously been enabled by studies focused on works by one author or on a single type of evidence.

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